State v. Booher

EXUM, Justice.

The question dispositive of this appeal is whether the evidence was sufficient to be submitted to the jury on the question of defendant’s guilt of a first degree sexual offense. We conclude that it was not.

The state’s evidence consisted almost entirely of the testimony of Timothy Moore. According to Moore, he first met defendant on 30 May 1980 at a “Welcome Aboard” meeting upon Moore’s arrival at Camp Lejeune. At the time of trial Moore was a twenty-one-year-old sergeant in the Marine Corps with three years and two months’ service in the Corps. During the Welcome Aboard meeting,…